The Individuals with Disabilities Education Act is best known for the protection and support it provides to K-12 students with disabilities. Equally important are the law's provisions for babies and toddlers.
Early intervention and support for babies and toddlers with disabilities or significant developmental delays can have big and positive effects on a child's development and life. Recognizing the central role that parents and families play in a child's early years, IDEA requires that all states provide eligible babies and toddlers with Individualized family service plans (IFSP).
If your baby or toddler has a disability or significant developmental delays, access to therapy, services, and support can be critical for their growth. IFSPs play an important part as far as creating a guide. Your baby or toddler deserves the best possible start to life.
Failure to properly evaluate a baby or toddler, ineffective therapy or support, and incomplete assessments can all derail your child's early years. If your baby or toddler isn't receiving the support, therapy, and services they need, contact the Education Law Team at the Lento Law Firm at 888-535-3686 or with this form.
The Importance of Early Intervention
IDEA applies to all children and teenagers who are under the age of 21 and haven't graduated from high school. Students can be referred for assessment at any point, and effective support and accommodations are important throughout their K-12 years. However, research shows that early intervention has lifelong benefits.
Early intervention is identifying a child's disability between birth and age three and beginning therapy or other services. Our brains are the most adaptable during the first three years of life, and intervention and support are likely to be more effective. Early intervention can provide children with a better foundation and is linked to improved outcomes and educational paths.
Put another way, early intervention often means supporting children as they learn rather than having to later alter behaviors, routines, or skills. Think of it as learning how to swing a baseball bat: It's easier to learn the proper form initially than to later have to make adjustments with what already has become comfortable and a habit.
Early Intervention Services
What services or support your child needs depends on their disability. Even when two toddlers or babies have the same disability, they may do better with different forms of support or therapy.
Every state has an early intervention program. What's available to your baby or toddler can depend on your state and county of residence.
The SoonerStart program lists the programs and services available in Oklahoma:
- Child Development Specialist
- Special Educator
- Occupational Therapist
- Physical Therapist
- Speech Language Pathologist
- Nursing
- Deaf/Hard of Hearing Services
- Vision Services
- Nutrition Services
- Psychological services
While these are specific to Oklahoma, this list is a good example of the types of services and support families may receive through early intervention services.
States may also have programs for families to help parents and others learn how to support children. One frequently offered service is ASL classes for families, given the importance of improving communication for children with hearing impairments. The more people who can use ASL, the more people with whom a child can communicate and practice their language skills.
Several state schools for the deaf have statewide outreach that includes ASL lessons for families. The Virginia School for the Deaf and the Blind has basic ASL vocabulary videos that anyone can access. The Wisconsin School for the Deaf offers free ASL classes to families and any member of the community with the caveat that admission occurs for a limited window of time annually.
Babies and toddlers are dependent on parents, guardians, and other family members for their well-being and care. This is especially the case for babies and toddlers with developmental delays or disabilities, which is why IFSPs are so important.
What is an Individualized Family Service Plan?
An Individualized Family Service Plan (IFSP) is a written document that lists the services and support a child will receive and the family's desired goals for a child's development and progress. IFSPs are intended for babies and toddlers from birth to age 3, although some states have expanded the age limits.
The family will collaborate with a team of professionals, such as early intervention specialists, therapists, and educators. IFSPs should be tailored to the individual child to meet the unique needs of a child and their family.
An IFSP should include:
- Detailed information about the baby or toddler's current abilities, areas of concern, and desired outcomes
- What strategies, services, and resources will be provided
- The family's desired outcome for their baby or toddler
Each state is responsible for administering its early intervention and development services. School districts and counties may also have additional support for those who reside within their boundaries. IDEA requires that states provide:
- A definition of developmental delay
- Scientifically-backed intervention services and support for qualifying babies and toddlers
- An IFSP for eligible babies and toddlers
- A Child Find system to locate and identify babies and toddlers with potential disabilities or developmental delays
- Resources on the state's early intervention programs
- Procedures for serving children from age 3 until they begin elementary school
For qualifying babies and toddlers, services should be provided at no or minimal cost to families. As much as possible, services will be provided in a child's “natural environment,” usually their home.
Child Find
All states must have a Child Find system in place. Child Find is the term for identifying and locating a child who may have a developmental delay or disability.
States should have public information on the state's procedures and who to contact to begin the assessment process. Texas's Child Find page provides a FAQ with information such as who can contact the state when concerned about a child and contact information.
School districts should also have easily accessible Child Find information. The Cypress Fairbanks Independent School District, part of the Houston Metropolitan Area, has a dedicated Child Find page. Counties may also have information on both Child Find and early intervention, as seen with the Harris County, Texas Resources for Children and Adults.
When contacting a school district or county, parents or guardians should reach out to the county or school district in which they reside. That your child isn't old enough to attend school doesn't change the school or country's responsibility to provide assessments and information. A school cannot refuse to offer assistance or information because your child isn't enrolled.
How to Qualify for an IFSP
Children may qualify for an IFSP due to a disability or physical, cognitive, communication, social-emotional, and adaptive developmental issues. Each state is responsible for setting its policies and procedures for determining eligibility.
Iowa provides a good example of the standard evaluation and assessment requirements ahead of getting an IFSP. Iowa's early intervention page divides the process into three major categories:
- Initial evaluations
- Reassessments and Reviews
- Exit
Initial Evaluation
In most states, anyone can make a referral for an assessment, although referrals often come from families or medical staff. States may allow people to make referrals by phone, email, or online.
Georgia's early intervention program, Babies Can't Wait, requires babies and toddlers to fall into one of two categories to qualify for an IFSP:
- A diagnosed physical or mental disability, such as vision impairments or Down syndrome
- A diagnosed developmental delay
In Georgia, some disabilities and delays automatically qualify a baby or toddler for an IFSP. Other children will undergo evaluations in the following areas:
- Physical, such as hearing and vision
- Cognitive, such as thinking and learning
- Gross and fine motor skills, such as walking, grasping, and coordination
- Communication, such as babbling, speech, and conversation
- Social and emotional, such as playing and interacting with others
- Adaptive development, such as feeding or dressing
If a child is eligible, parents or guardians will meet with a team of service providers and experts to determine what therapy, services, and support will be in a child's IFSP. Parents and guardians will also discuss their ideal goals and outcomes for their child.
Families should take advantage of IFSP meetings to ask questions and discuss any concerns. Parents and guardians should be active participants in IFSP meetings as much as possible. You are your child's best advocate.
Reassessments and Reviews
IFSPs must be reviewed every six months. As Maryland's IFSP guide states, these reviews should cover:
- Updates on any new information regarding the child's health
- A child's present levels of functional development
- How a child is progressing toward IFSP goals and outcomes
- Their current early intervention services and whether any modification is needed
While a full evaluation generally isn't necessary before every meeting, IFSP teams should conduct an annual assessment of a child and family. Given how quickly babies and toddlers grow and change during the first three years, an annual reassessment allows the IFSP to better revise the IFSP to reflect a child's current life, routine, and skills.
Parents and guardians can also request an IFSP team meeting at any point. IDEA requires that all IFSPs be reviewed and modified as needed.
Exit
For some babies and toddlers, an IFSP is a temporary need. Therapy and support may decrease their developmental delays or allow them to reach the desired outcome or goals. In these situations, a child will exit the IFSP program.
Babies and toddlers will exit early intervention programs for three reasons:
- They age out
- They're no longer eligible
- They no longer need services
In all three situations, parents should discuss transition planning to minimize the disruption to their child's routine.
What is a Developmental Delay?
Each state is responsible for its definition of developmental delay. These delays are more than just being on the lower end of the curve for development.
Several states and school districts have resources to help parents determine when their baby or toddler's development should be a source of concern. The University of Maryland lists the following as potential signs of a developmental delay that will require support or therapy:
- Delayed physical milestones, such as rolling over, sitting up, or walking
- Inability to lift the head and neck
- Speech delays
- Stiff muscles
- Difficulty swallowing
- Limp or awkward body posture
- Clumsiness
- Muscle spasms
Minnesota provides families with expected developmental milestones at various points between birth and age five. School districts may also provide information on developmental milestones and averages. Jenks School District in Oklahoma has guides for overall development up to age 5, language milestones, speech milestones, and social skills.
The general recommendation is that parents first contact their child's pediatrician to determine whether a child's delayed development is a source of concern. Being below average in development doesn't automatically mean a child requires intervention or will struggle later on.
A Swiss study found that while the average age at which to begin walking is 12 months, whether a child walked early or late has no relationship to overall development. The over two hundred children in the study began walking between 8 ½ and 20 months. Tests conducted on these same children at ages seven and eighteen found no relationship between walking age and intelligence or overall motor skills.
For parents who are concerned, there are two questions to ask:
- Does their child have a developmental delay outside of the usual range?
- Does that delay meet their state's definition of a developmental delay?
Assessments are important because they can decide whether or not a child receives an IFSP. A county office or school deciding a baby or toddler doesn't have severe enough delays could deprive your child of crucial support and help.
Different States, Different Definitions
For IFSP purposes, beyond knowing when to be concerned about a developmental delay, parents also need to know how their state defines it. Children's Hospital of Philadelphia compared how New Jersey, Pennsylvania, and Delaware define developmental delays. The states use the following definitions:
- In New Jersey, a baby or toddler meets the definition of a developmental delay when they have at least 25 percent developmental delay in two or more areas, a 33 percent delay in one area, or, in standardized tests, a score of 2.0 standard deviations below the mean in one area or 1.5 standard deviations below the mean in two or more areas.
- In Pennsylvania, a baby or toddler has a developmental delay when 25 percent or more behind their age-group peers in at least one developmental area or 1.5 standard deviations below the mean on standardized tests.
- In Delaware, a child qualifies as having a developmental delay when they're at least 25 percent delayed in one developmental area.
These three states highlight how a child's state of residence can affect their ability to access services. For example, a child who qualifies for support in Delaware may not qualify in New Jersey.
These definitions also highlight the importance of looking at a whole child during assessments and evaluations. A slight delay in walking alone may not concern a pediatrician or trigger an evaluation, but if accompanied by delays in other areas, such as speech or social skills, that's more likely to indicate a delay that requires an IFSP.
Service Providers
Unlike special education services provided to K-12 students, early intervention services are often provided by government agencies and organizations beyond public schools. While public schools may provide these services, they're often provided through a county's health or family division or other entities altogether.
California, for example, has IFSP-related support through regional centers, local school districts, and Special Education Local Plan Areas (SELPA). The state combines home-based support with center-based service.
SELPAs are either tied to a single school district, county, or multiple school districts. The purpose of SELPAs is to allow school districts to pool resources and provide better special education support and services.
San Diego County offers a good example of how complicated it can be to determine which government branch or department handles your child's IFSP. While the county's Office of Education does have the HOPE Infant Family Support Program, which administers IFSP support and services, living in the county doesn't mean the HOPE program will be supporting your baby or toddler.
- The San Diego County Office of Education oversees the early intervention programs for the North Coastal, North Inland, Poway, or South County SELPAs.
- Families who reside within the boundaries of the Cajon Valley Union School District, the La Mesa-Spring Valley School District, and the Lakeside Union School District will receive services directly through those districts.
- Families who reside within the City of San Diego should contact the San Diego Unified School District for early intervention services and support, including assessments for IFSPs.
Your local public school or board of education should be able to direct you to the person who handles your community's early intervention services.
IFSPs and Moving
If a family moves between states and their child has an existing IFSP, they should be aware that the current IFSP may not transfer, or their child may have to undergo new assessments. States also have different criteria for qualifying for services and support. Ahead of moving, families should learn more about their new state and county of residence to determine whether and how their baby or toddler can continue to receive support.
That a baby or toddler has an IFSP in one state doesn't mean they're automatically eligible for an IFSP in another state. IDEA allows each state to set its definition of a developmental delay, and what qualifies as a developmental delay in one state may not meet another state's definition, or a state may have extended the cutoff age for early intervention programs.
Arizona, for example, follows the federal requirement of birth through age 3 for the Arizona Early Intervention Program (AzEIP). In comparison, Oregon's Early Intervention/Early Childhood Special Education (EI/ECSE) Services program covers up to age 5.
If you're moving, the Education Law Team at the Lento Law Firm can help you navigate the different laws between the two states and ensure your baby or toddler has a continuum of care and support. In situations when your toddler no longer qualifies for an IFSP, you may be able to get them an IEP.
How IFSPs Differ from IEPs
Individualized Education Programs (IEP) are the older, better-known sibling of IFSPs. Public schools are required to provide an IEP to all qualifying children who reside in the district, regardless of whether they're enrolled in the school.
IEPs are written documents that detail the services, accommodations, and modifications a student with disabilities will receive as part of their education. Similar to IFSPs, IEPs are created during meetings between parents and school staff.
When children age out of IFSPs, they'll potentially receive an IEP. While IEPs will likely include information about a student's family, IEPs are more about the child than the overall family.
Services through IFSPs are more likely to be provided in a child's home and potentially from several different agencies. IEPs are more school-focused. The goals focus more on academic progress, and the support is more geared towards assisting a student's education.
IDEA requires that states have procedures in place to ensure a smooth transition from IFSPs to IEPs. Ideally, planning for the transition should begin several months before your child ages out of an IFSP.
New York has a detailed page on how to transition babies and toddlers from its Early Intervention Program (EIP). The state provides lists of what should be included in transition planning and different next steps, such as whether a child will qualify for special education services.
A toddler who has an IFSP doesn't automatically qualify for an IEP. Part of planning is asking whether your child will be eligible for an IEP or if new assessments or evaluations will be necessary. If your child doesn't qualify for an IEP, you may now be responsible for paying for any therapy or support they require.
Give Your Child a Strong Start
You want what's best for your child. When your baby or toddler has a disability or developmental delay, it can be difficult to determine the best way to proceed. Early intervention services improve your ability to give your child the support and help they need to make that strong start.
IFSPs are a critical part of that start. If your child is denied an IFSP, provided with ineffective services or support, or is in any way deprived of their right to early intervention assistance, the Education Law Team at the Lento Law Firm can help. We seek collaborative solutions that keep the focus on what matters most: Your child's best interests. Call us at 888-535-3686 or fill out this form.
